Proposed Organic Act of The IP Court to Be Submitted to The Legislative Yuan in January 2006 for Deliberation.　Patent Holders Seeking Preliminary Injunction against Suspected Infringers Will Need to Make A Preliminary Showing.

The Judicial Yuan called an advisory committee meeting of the Intellectual Property Court Preparatory Group at the Supreme Court on 4 November 2005.  Dr. Richard Thurston, General Counsel, TSMC was invited to provide relevant suggestions at the meeting in his capacity as a member of the advisory committee.  Dr. Thurston said the technical examiners are not necessarily full-time public functionaries and it is better to retain the relevant personnel turnover so to “keep running water running.”  He suggests that “external technical examiners” be retained when necessary to meet the rapidly-developing scientific technology.

 

The Judicial Yuan is prepared to submit the draft Organic Act of The Intellectual Property Court and the draft Law Governing Examination And Adjudication of Cases Filed in The Intellectual Property Court to the Legislative Yuan before the current congressional session concludes at the end of January 2006.

 

There has been dispute over the authorization, functions and nature of the technical examiners and the how TIPO should participate in examining cases.  Most of the committee members at the above meeting concurred on the relevant provisions proposed.  That is, the technical examiner shall participate in trying the cases as an “expert witness” as opposed to a judge.

 

By operation of the Code of Civil Procedure, a corporate entity may obtain a ruling for preliminary injunction against a suspected infringer of its patent by providing the security required.  Once the Intellectual Property Court is established to decide intellectual property related proceedings and actions, it would be much more difficult for the patent holder to obtain a preliminary injunction.  Specifically, in addition to providing the required security, the patent holder will be required to make a preliminary showing.  This major change is proposed to prevent large enterprises with strong financial resources from exploiting the proceeding to restrain the development of less financially viable technology companies. 

 

The courthouse of the Intellectual Property Court will be built in the Linkou New Town in Taipei County.  (2005.11)

/EMA